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Jurnal Legisia

legisia
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Published by Universitas Sunan Giri Surabaya

ISSN : 20876319 EISSN : 28306325 DOI : --

Core Subject : Humanities, Social,

Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Legisia is an open access journal affiliated with Sunan Giri University Surabaya and published by the Faculty of Law and social sciences, Sunan Giri University Surabaya in a printed version, for the first time in 2010. This journal aims to serve as a forum for legal practitioners and researchers who want to share and contribute ideas -their ideas in legal studies which include: Criminal Law; Civil law; Constitutional law; Administrative law; International law; Islamic law; Law and Society; Economics and Business Law; Environmental law; Medical Law; and analysis of legislation. Published twice a year in January and July. Articles published in Legisia will go through a double blind peer review process, and will be decided by the Editorial Board based on peer review recommendations

Arjuna Subject : Ilmu Sosial - Hukum

Articles 40 Documents

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STATUS HUKUM BAYI TABUNG (Kajian Hukum dan Status Keperdataanya) Haniyah Haniyah; Uji Santoso
JURNAL LEGISIA Vol 14 No 1 (2022): Ilmu Hukum dan Sosial
Publisher : Fakultas Hukum dan Sosial Universitas Sunan Giri Surabaya

The fact that not all couples can reproduce normally, some of them have various obstacles that do not denythem to have children, thisis why when the baby is not present, various efforts will be made by the married couple. Pesatnya in the field oftheologyof theology of married couples seeks to have offspring in one way, namely using technology fertilisasi in virto (IVF). This article discusses the legal status of IVF in its civil and legal perspective in Islam. IVF / artificial insemination if done with the wife's own sperm and ovum cells and is not transferred in the womb of other women including her own other wives (for polygamous husbands), both making is done in the Womb and outside the womb, then civil law and Islamic law are allowed, and regarding the child she gives birth to both civilly and Islamic shari'a is a legal child. IVF / artificial insemination is carried out with the help of sperm and egg donors, so islamic sharia is forbidden and the law is the same as adultery because there will be a mixture of nasab, while civilly Indonesia is also not allowed because it violates the norms of law, religion, decency and also decency. Artificial insemination is carried out with donors, be it from sperm cells or eggs, then to know the nasab of the child is determined from Islamic law, that the child's nasab comes from the mother / father who owns the seed, while in Indonesian civil the child is legally the mother who gave birth to the child and the father is the husband of the wife who gave birth to the child

PELECEHAN SEKSUAL ANAK JALANAN MENURUT UNDANG-UNDANG PERLINDUNGAN ANAK NO 35 TAHUN 2014 Atmari Atmari
JURNAL LEGISIA Vol 14 No 1 (2022): Ilmu Hukum dan Sosial
Publisher : Fakultas Hukum dan Sosial Universitas Sunan Giri Surabaya

The phenomenon of street children in Indonesia must immediately receive special attention and management, considering that children are the assets of the next generation of the nation, all Indonesian children including street children must receive a portion of attention as children's rights and protection from parents, families, communities and especially the government. The number of street children in Indonesia is still so high, and all the consequences that must be faced by street children from violence to sexual harassment and free sex, they live on the streets to sustain life without protection from their parents, family and the state, they experience traumatic events that will influence the behavior and mindset of children in adulthood from the description of the facts on the ground how the form of state protection against street children who experience sexual harassment and sanctions for perpetrators of sexual crimes. This research is normative with a normative juridical approach by examining problems with the law as the main legal material as well as legal material outside the law which is then described as a result of research and the implementation of child protection covering various fields of life services must be done together, requires a coordinating organization. Implementation of child protection. Guarantees for the implementation of child protection must be carried out in various ways, among others by laws and regulations and the obligation of every member of the community, citizen to participate in child protection. Sanctions based on the provisions in Law Number 35 of 2014 and additional punishments of castration, installation of chips and so on, are likely to have a deterrent effect for perpetrators of sexual violence against minors, especially for street children

PEMINDAHAN HAK MILIK ATAS TANAH YANG BELUM BERSERTIPIKAT MELALUI JUAL BELI YANG BERKEPASTIAN HUKUM Muh Bangsu
JURNAL LEGISIA Vol 14 No 1 (2022): Ilmu Hukum dan Sosial
Publisher : Fakultas Hukum dan Sosial Universitas Sunan Giri Surabaya

The awareness of the Indonesian people in terms of documentation of ownership of land, is still low, especially in villages, many lands owned by residents do not have a certificate of property rights, even though it is known that a certificate of property rights to land is mandatory for every landowner, as the highest and strongest recognition of land ownership. There is land hak milik that has not been registered, meaning that the Land Title has not been issued a certificate as a proof of rights by the District / City Land Office, or still marked with proof of Petuk Pajak Bumi / Landrente, Girik, Pipil, Ketitir issued certificates as proof of rights by the District / City Land Office, Verponding Indonesia, which is now replaced with a Leter C Quote. Leter C quote is published by the Village Head/Kelurahan. Based on the above issue, whether the sale and purchase of land hak milik marked with evidence of Land Tax Petuk must be made with a PPAT deed and what are the obligations of the purchaser of the land hak milik marked evidence petuk pajak bumi so that the land purchased can be listed Yes, this research uses normative methods with a statutory approach, and various literature related to the problems described after going through the study of problems with undand-laws that are connected with legal theory to strengthen the analysis of reaching conclusions. The validity of the sale and purchase of title to land marked with evidence of petuk pajak bumi is determined by the fulfillment of material conditions for the seller of the land and the purchaser of the land. The material condition for the seller of the land is that the seller is entitled and authorized to sell title to the land, the registration of the land is carried out an affirmation of conversion (recognition of rights). In the registration of the land, a deed of sale and purchase of Property Rights on land marked with proof of Land Tax Petukmade by the authorized Land Deed Making Officer (PPAT) is included.

PERLINDUNGAN HUKUM PEKERJA KONTRAK BERDASARKAN PUTUSAN MAHKAMAH KONSTITUSI NOMOR: 7/PUU-XII/2014 Rachmat Ihya'
JURNAL LEGISIA Vol 14 No 1 (2022): Ilmu Hukum dan Sosial
Publisher : Fakultas Hukum dan Sosial Universitas Sunan Giri Surabaya

In human life, there are needs of life that cannot be avoided, which is to fulfill no other event except trying, either by entrepreneurship or by working with the status of a worker (laborer). Workers want a harmonious, comfortable work environment and meet a sense of justice without discrimination with the fulfillment of their rights, including the welfare of workers, but employers have a mindset of creating efficiency in all fields including the costs that must be incurred by employers. From this arose various per,origins between employers and workers, especially contract workers. This research uses normative methods with a normative juridical approach, a statutory approach as the main legal material and other materials related to research research results In accordance with the provisions of the Manpower Law that the term worker / contract laborer or Certain Time Work Agreement (PKWT) or Certain Time Work Agreement (PKWT) outsorcing, when working and bound by an employment agreement with employers are all entitled to legal protection that equal, at least equivalent to the rights of protection of workers Of Indefinite Time Work Agreement (PKWTT), both protection of working time, protection of overtime work, protection of rest and leave time, protection of work agreements, protection of wages, protection of decent living needs, protection of minimum wages, protection of holiday allowances, and protection of welfare stipulated through work regulations and collective labor agreements (PKB).

TINJAUAN YURIDIS TERHADAP PROSES PENYELESAIAN KASUS KECELAKAAN LALU LINTAS MELALUI ADR (ALTERNATIF DISPUTE RESOLUTION) DI WILAYAH HUKUM POLDA JATIM M Syifa Yulianis
JURNAL LEGISIA Vol 14 No 1 (2022): Ilmu Hukum dan Sosial
Publisher : Fakultas Hukum dan Sosial Universitas Sunan Giri Surabaya

Traffic accidents that occur a lot are very regrettable, especially since there have been many rules given, there are several things why there are many accidents on the road, one of which is the low ethics of driving on the road, as well as the lack of road users and the disobedience of road users to all traffic rules so the biggest factor is the factor of human negligence, with the occurrence of traffic accidents will cause casualties from minor injuries, severe injuries to loss of life, all of which require a fair solution for both parties, and one of the solutions that can be applied to cases of road accidents is to use peaceful roads or through arlternative dispute resolution (ADR), the research method used is normative research methods with a statutory approach as the main legal material, a review based on legal norms that cover many things including how investigators' efforts in resolving traffic accident cases through ADR (Alternative Dispute Resolution) and what factors abort the validity of the settlement of traffic accident cases through ADR (Alternative Dispute Resolution).

"PENGAWAS BERKUALITAS, PEMILU BERINTEGRITAS" PERAN STRATEGIS BAWASLU DALAM MENJARING SDM PENGAWAS PEMILU AD HOC PROFESSIONAL DI KABUPATEN MUARO JAMBI. Muhammad Hapis
JURNAL LEGISIA Vol 14 No 1 (2022): Ilmu Hukum dan Sosial
Publisher : Fakultas Hukum dan Sosial Universitas Sunan Giri Surabaya

Bawaslu as a cooperative professional institution with integrity has a strategic role in Bawalu Muaro Jambi Regency in recruiting quality human resources. By supporting efforts to increase the capacity and integrity of supervisors by using stages in strategic management at the sub-district level to TPS which are Adhoc in nature, it includes three strategic steps. First, strategic planning using SWOT analysis. both scoring and grouping criteria based on recruitment problems and finally determining the choice of alternative strategies including, aggressive strategies, turn-around strategies, and defensive strategies that are projected according to the level of the problem

UPAYA PENYELESAIAN HUKUM PRODUK MAKANAN OLAHAN HOME INDUSTRI CACAT PRODUKSI Rusmiyah Rusmiyah
JURNAL LEGISIA Vol 14 No 1 (2022): Ilmu Hukum dan Sosial
Publisher : Fakultas Hukum dan Sosial Universitas Sunan Giri Surabaya

Food is everything that comes from biological sources and water both processed and unprocessed, which is intended as food or drink for human consumption, including food additives, food raw materials, and other materials used in the process of preparing, processing, and or making food or beverages. Meanwhile, what is meant by food is food or drinks processed in a certain way or method with or without food additives. This research uses the normative method with a descriptive normative juridical approach with a statutory approach as the main source of legal material and literature, theory and various sources from online media as secondary legal material, which is associated with problems solving legal problems related to food. The consumer protection law in principle prioritizes the protection of the basic rights of consumers by increasing the awareness, ability, and independence of consumers to protect themselves; elevate the dignity and dignity of consumers by avoiding them from negative excesses due to the use of goods and / or services; improve the consumer protection system in choosing, determining and demanding rights as consumers; creating a consumer protection system that contains elements of legal certainty and information disclosure as well as access to information. Consumers of processed food industry products that are defective in production as aggrieved parties can file a claim for compensation through BPSK or through the courts. The settlement efforts through BPSK aim to: Reach an agreement on the form and amount of compensation, and/or, certain actions to guarantee that there will be no re-occurrence of losses suffered by consumers. If the dispute resolution efforts through BPSK are declared unsuccessful by one of the parties, a lawsuit can be filed through the court

TINJAUAN YURIDIS TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA OLEH ANAK DI INDONESIA Budi Handayani; Samuji Samuji
JURNAL LEGISIA Vol 14 No 1 (2022): Ilmu Hukum dan Sosial
Publisher : Fakultas Hukum dan Sosial Universitas Sunan Giri Surabaya

The growth and development of a nation in the future is largely determined by the quality of children as their younger generation. Therefore the state deserves to provide special coaching and protection to guarantee its physical, mental and social growth and development. To carry out the guidance and provision of protection, support is needed both regarding institutions and legal tools that are more stable and adequate. Children who commit criminal acts should be treated humanely in the best interests of the child, meaning that children who face the law should be sentenced to imprisonment as a last resort. Indonesia already has rules to protect, prosper and fulfill the rights of children, including Law Number 4 of 1979 concerning Child Welfare, Law Number 11 of 2012 concerning Children's Courts and Law Number 35 of 2014 concerning Child Protection. But it does not seem to be enough to bring about a significant change in the fate of children in conflict with the law, and what is expected in reality often cannot be carried out properly because the judge's ruling is more punitive in nature to the detriment of the child himself. Therefore, the system of punishment of children facing the law should pay attention to the interests of children and in accordance with the standards of values and treatment of a number of national and international instruments that apply to children. All these instruments of international law and national legal instruments are intended to provide guarantees of the protection of the rights of the child. Diversion and the concept of Restorative justice need to be considered in handling children's cases. This concept involves all parties in order to improve the child's morale so that the child no longer repeats his actions but the child does not feel like a patient so that it affects the child's mental development. An educational sentencing system should be a priority for judges in passing judgments. Putting a child in prison is always a last resort and with the shortest possible time frame. Placing children in institutions that have better social benefits and functions and improvements for the child, but it is hoped that these institutions can provide special care, protection, education and skills of an educational nature so that they can be useful with the aim of helping them play socially constructive and productive roles in society.

TINJAUAN YURIDIS PERKARA PERDATA DAN PIDANA TENTANG KEABSAHAN PERKAWINAN TERHADAP PUTUSAN PENGADILAN NEGERI KEDIRI Tontowi
JURNAL LEGISIA Vol 14 No 2 (2022): Juli
Publisher : Fakultas Hukum dan Sosial Universitas Sunan Giri Surabaya

With the development of technology that is able to penetrate all corners of the country, it also indirectly provides community learning in all respects. From the development of customs and culture in the West, if there is a case of domestic dispute, then what happens is to ask for compensation. If there is a slight problem, then the thought is to concoct the problem to be improved in legal remedies. The legal research method used is juridical-normative, meaning an approach based on applicable laws and regulations, and is related to decisions related to the material discussed based on the deductive method, which is a process of thinking by drawing special conclusions from a general reality The legal source used in this study is that two data are used, namely primary data and secondary data, meaning that primary data includes laws and regulations related to legal issues written. The results showed that the Marriage Law Number 1 of 1974, in its implementation there is a Government Regulation Number 9 of 1975, and a Presidential Instruction and Decree of the Minister of Religious Affairs. So that the Islamic Law referred to in this writing is what is contained in the Presidential Instruction and Decree of the Minister of Religious Affairs which is hereinafter referred to as the "Compilation of Islamic Law". That Section 27 BW of the principle of monogamy adopted by Article 3 subsection (1) of the Marriage Act allows there to be offenders. Therefore, violation of the provisions of Article 3 paragraphs (1) and (2) of the Marriage Law Number 1 of 1974 to have a conjugal relationship can be threatened with criminal penalties. While the Criminal Code In Article 284 of the Penal Code, is for those who are subject to Article 27 BW. Meanwhile, those who are not Subject to Article 27 BW., cannot be threatened with imprisonment referred to in Article 284 paragraph (1) to 1 letter a letter.

RELEVANSI PENEGAKAN HUKUM DITINJAU MENURUT UNDANG-UNDANG PEMBERANTASAN TINDAK PIDANA KORUPSI Analisis Putusan Nomor : 05 /Pid.Sus/TPK/2015/PN.Sby Abdul Hakim; Mohammad Bangsu
JURNAL LEGISIA Vol 14 No 2 (2022): Juli
Publisher : Fakultas Hukum dan Sosial Universitas Sunan Giri Surabaya

The crime of corruption always gets more attention than other criminal acts because the impact it causes covers various aspects of life, especially in the Indonesian state considering that corruption itself is a crime that is mushrooming and has become a tradition that is increasing every year, it is evident from the various cases that have appeared in the mass media, both print media and electronic media corruption is a social phenomenon which is the reality of human behavior in the interaction of society and the state. The approach to this problem is carried out with a normative juridical approach, with regard to the question of whether the influence of legal rules is in accordance with the wishes of the community

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Haniyah

Contact Email haniyahkasra99@gmail.com

Phone +6285745703299

Journal Mail Official jurnalegisia@gmail.com

Editorial Address https://journal.unsuri.ac.id/index.php/legisia/about/editorialTeam

Location Kab. sidoarjo, Jawa timur INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

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Abstract

Contact Name
Haniyah

Contact Email
haniyahkasra99@gmail.com

Phone
+6285745703299

Journal Mail Official
jurnalegisia@gmail.com

Editorial Address
https://journal.unsuri.ac.id/index.php/legisia/about/editorialTeam

Location
Kab. sidoarjo,

Jawa timur

INDONESIA